the Differences Between and Law in Malaysia
| Question | Answer |
|---|---|
| 1. What is the legal definition of written law in Malaysia? | Written law in Malaysia refers to the laws that have been enacted and codified by the legislative body, such as Acts of Parliament and subsidiary legislation. Laws are and can be accessed by public. |
| 2. How does unwritten law differ from written law in Malaysia? | Unwritten law in Malaysia comprises of laws that are not Enacted by the legislative body but are derived from English law, law, and decisions. These laws are not codified and are based on legal principles and precedents. |
| 3. What are the sources of written law in Malaysia? | The primary sources of written law in Malaysia include the Federal Constitution, Acts of Parliament, and subsidiary legislation made under the authority of Acts of Parliament. |
| 4. Can unwritten law be considered as part of the legal system in Malaysia? | Yes, unwritten law is recognized as part of the legal system in Malaysia, specifically in matters that are not covered by written law. It includes common law principles and customary law that have been accepted and applied by the courts. |
| 5. How does the judiciary interpret and apply unwritten law in Malaysia? | The judiciary in Malaysia interprets and applies unwritten law through the doctrine of judicial precedent, where previous decisions of higher courts serve as binding authority in similar cases. This allows for the development of legal principles and the evolution of the law. |
| 6. Are there any limitations to the enactment of written law in Malaysia? | Yes, the Federal Constitution imposes limitations on the enactment of written law in Malaysia. Law that is with Constitution may be void by courts, ensuring of Constitution. |
| 7. How can written law be amended or repealed in Malaysia? | Written law in Malaysia can be or repealed through process, where to existing laws or of new laws require from Parliament. This ensures that the laws remain relevant and reflective of societal changes. |
| 8. Can unwritten law be altered or abolished in Malaysia? | Unwritten law in Malaysia can be altered or abolished through judicial decisions and legislative reforms. As society evolves and new legal challenges arise, the courts and Parliament have the authority to modify or eliminate aspects of unwritten law. |
| 9. How do the principles of written and unwritten law coexist in the Malaysian legal system? | The principles of written and unwritten law coexist in a complementary manner within the Malaysian legal system. While written law provides the foundation for statutory regulations, unwritten law contributes to the development of legal principles and the adaptation of the law to changing circumstances. |
| 10. In what ways do written and unwritten law shape the legal landscape of Malaysia? | Written and unwritten law collectively shape the legal landscape of Malaysia by providing a comprehensive framework for the administration of justice. The combination of codified laws and legal precedents ensures a dynamic and adaptable legal system that is responsive to the needs of society. |
Difference Between Written Law and Unwritten Law in Malaysia
As a law enthusiast, I have always been fascinated by the legal system in Malaysia. Distinction between written law and unwritten law is intriguing as plays crucial in country’s legal framework.
Understanding Written Law and Unwritten Law
Written law, known as statute law, refers to laws that have Enacted by the legislative body. In Malaysia, the written law is largely based on the English common law, Islamic law, and customary law.
On the other hand, unwritten law comprises of the English common law, judicial decisions, and customs. Unwritten law is known as common law or case law.
Key Differences
Let`s take closer at differences Difference Between Written Law and Unwritten Law in Malaysia:
| Written Law | Unwritten Law |
|---|---|
| Enacted by the legislative body | Derived from judicial decisions and customs |
| Explicit and codified | Develops through precedents and traditions |
| Examples include the Federal Constitution, Parliament Acts, and State Enactments | Includes principles of equity, customary law, and judicial interpretations |
Case Study: Loh Wai Kong v Hospital Wanita & Kanak-Kanak Kuala Lumpur & Another Appeal [2017] 1 MLJ 229
In this case, the Federal Court of Malaysia recognized the importance of unwritten law in interpreting and applying written law. The court emphasized the significance of judicial decisions and customs as part of the Malaysian legal system.
The Role of Written and Unwritten Law in Malaysia
Both written law and unwritten law play a significant role in shaping the legal landscape of Malaysia. While the written law provides a structured and codified framework, the unwritten law contributes to the development and evolution of legal principles.
The distinction Difference Between Written Law and Unwritten Law in Malaysia is fundamental of country’s legal system. Understanding the interplay between these two forms of law is essential for legal practitioners, scholars, and anyone with an interest in Malaysian law.
Legal Contract: Written Law vs Unwritten Law in Malaysia
This contract outlines and clarifies the legal distinctions and implications between written law and unwritten law in the jurisdiction of Malaysia.
| Parties | Definitions |
|---|---|
| 1. The Government of Malaysia | 1.1 “Written Law” refers to laws enacted and codified in statutes and regulations by the legislative body of Malaysia. |
| 2. The Judiciary of Malaysia | 1.2 “Unwritten Law” refers to laws derived from judicial decisions, customary practices, and Islamic law in Malaysia. |
| 3. Legal Practitioners | 1.3 “Statutory Law” is synonymous with Written Law, while “Common Law” and “Customary Law” are synonymous with Unwritten Law. |
Written Law
2.1 The Government of Malaysia has exclusive to enact and amend written laws through Parliament and state legislatures.
2.2 Written laws are promulgated in the form of statutes, ordinances, regulations, and subsidiary legislation, and are binding on all individuals and entities within the territorial jurisdiction of Malaysia.
Unwritten Law
3.1 The Judiciary of Malaysia has inherent to interpret and apply unwritten laws, including common law, customary practices, and Islamic law.
3.2 Unwritten laws are derived from judicial precedents, customary practices, and religious sources, and are essential in providing legal remedies and principles in Malaysia.
Legal Implications
4.1 The coexistence of written and unwritten laws in Malaysia reflects the dual legal system, which integrates both civil law and common law principles.
4.2 The application of written and unwritten laws is essential in ensuring legal certainty, equity, and justice in the Malaysian legal system.
Jurisprudence
5.1 Legal practitioners and judicial authorities are encouraged to harmonize the application of written and unwritten laws to promote legal development and relevance in Malaysia.
5.2 The principles of legal reasoning, precedent, and equity are crucial in resolving disputes and interpreting laws within the framework of written and unwritten laws.
